The Co-Tenancy Agreement is a specialized residential lease agreement designed for situations where multiple tenants share a single property in South Africa. This document is essential when two or more individuals wish to rent a property together while maintaining clear legal responsibilities and relationships with both the landlord and each other. It addresses key aspects required under South African property law, including the Rental Housing Act and Consumer Protection Act, while establishing mechanisms for rent sharing, maintenance responsibilities, and dispute resolution. The agreement is particularly relevant for shared housing arrangements, student accommodation, and professional house-sharing situations where multiple parties need to be protected under a single lease agreement.
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1. Parties: Identification of all co-tenants and the landlord, including full legal names, ID numbers, and contact details
2. Background: Context of the agreement, including property details and purpose of co-tenancy arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Term of Agreement: Duration of the lease, including start and end dates, and renewal terms
5. Rent and Financial Obligations: Total rent amount, individual contributions, payment methods, and due dates
6. Security Deposit: Details of security deposit, how it's held, and conditions for return
7. Utilities and Services: Responsibility for utility payments and how costs are divided
8. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures
9. House Rules: Basic rules for shared living and use of common areas
10. Joint and Several Liability: Clause establishing shared responsibility for rent and damages
11. Termination: Conditions and procedures for ending the agreement
12. Dispute Resolution: Process for resolving disputes between co-tenants and with landlord
13. Notices: How formal notices must be given between parties
14. General Provisions: Standard legal clauses including governing law and jurisdiction
1. Subletting: Rules regarding subletting by co-tenants, if permitted
2. Pets: Rules about keeping pets in the property, if relevant
3. Parking Arrangements: Allocation of parking spaces if available
4. Guest Policy: Rules about overnight guests and extended stays
5. Special Facilities: Rules for using additional facilities like pool, gym, or storage areas if available
6. Work From Home: Provisions for home office use and business activities
7. Smoking Policy: Specific rules about smoking on the property
8. Replacement Tenant Procedure: Process for replacing a departing co-tenant
1. Schedule A - Property Inventory: Detailed list of furniture, appliances, and fittings provided
2. Schedule B - Condition Report: Detailed description of property condition at commencement
3. Schedule C - Payment Schedule: Breakdown of rent and utility contributions per tenant
4. Schedule D - House Rules: Detailed house rules including cleaning rosters and shared space usage
5. Schedule E - Contact Information: Complete contact details for all parties, emergency contacts
6. Appendix 1 - Floor Plan: Layout of the property showing room allocations
7. Appendix 2 - Utilities Setup Guide: Information about utility accounts and payment procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Residential Property
Real Estate
Property Management
Student Housing
Shared Accommodation
Corporate Housing
Residential Lettings
Property Investment
Relevant Teams
Legal
Property Management
Residential Lettings
Operations
Compliance
Risk Management
Customer Relations
Housing Administration
Facilities Management
Relevant Roles
Property Manager
Rental Agent
Real Estate Attorney
Housing Officer
Leasing Coordinator
Property Administrator
Residential Letting Manager
Legal Counsel
Compliance Officer
Housing Operations Manager
Student Accommodation Manager
Tenant Relations Coordinator
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